[Amended 1-28-1986 by L.L. No. 1-1986; 2-10-1987 by L.L. No. 1-1987; 6-12-1990 by L.L. No. 10-1990; 2-8-1994 by L.L. No. 3-1994]
A.
No site development plan approval or architectural review shall be
required for single-family or two-family detached residential uses,
including for the installation of solar energy collectors on single-family
or two-family detached residential uses. As for any other site development,
the construction of additions, alterations or structures accessory
thereto or any additions or exterior alterations or structures accessory
to multifamily dwellings or commercial and industrial uses do not
require site development plan approval, provided that said additions,
exterior alterations or accessory structures or other construction
does not exceed 5,000 square feet in size or $50,000 in valuation.
All other uses shall require site development plan approval and architectural
review by the Planning Board prior to the issuance of a building permit,
certificate of occupancy or certificate of use. A site development
plan shall be construed to be all matters inscribed upon the plans
as approved and filed by the Planning Board with the Building Inspector,
including architectural plans, and any terms, conditions or other
provisions made part of such site development plan in the approval
thereof. No lot or parcel of land shall be used except in conformity
with the approved site development plan, where required. Architectural
review shall be conducted as an integral element of the site development
review procedure described in this article.
[Amended 4-26-2016 by L.L. No. 4-2016]
B.
Site plan approval or architectural review by the
Planning Board is not required for single-family, two-family detached
or one-family semiattached residential uses or for additions, alterations
or structures accessory thereto unless generated by a request for
a subdivision. However, a building permit may not be issued for a
single-family or two-family detached or one-family semiattached residential
uses or for additions, alterations or structures accessory thereto
where the floor area ratio of the residence or the residence with
the addition, alteration or accessory structure exceeds 0.30 until
the applicant obtains authorization from the Appearance Review Board.
[Added 12-19-2006 by L.L. No. 7-2006]
[Added 12-19-2006 by L.L. No. 7-2006]
A.
There shall be three members of the Appearance Review
Board who shall be appointed by the Mayor for two-year terms. One
member shall be from the Village’s Building Department. Another
member shall be a member of the Planning Board and the third shall
have experience in architecture or planning.
B.
The Appearance Review Board shall meet at least once a month with applicants and/or their representatives to review plans for single-family, two-family detached or one-family semi attached residences, additions, alterations or accessory structures thereto which are within the parameters of floor area ratio set forth in § 255-38B above to determine whether such structures will adversely affect the neighborhood.
C.
In reaching this determination, the Appearance Review
Board shall consider the issues of adequate drainage; the dissimilarity
and inappropriateness or poor quality of design in the exterior appearance
of the residence, addition, alteration or accessory structure; whether
the floor area ratio which exceeds 0.30 makes the residence, addition,
alteration or accessory structure inappropriate for the site.
D.
If a majority of the Appearance Review Board, following
review, refuses to recommend the issuance of a building permit, the
reasons shall be stated in a denial letter from the Building Inspector
issued within seven days of the meeting. A denial of a building permit
may be appealed to the Zoning Board of Appeals within 30 days of the
date of the denial letter.
The Village Board hereby finds that excessive
uniformity, dissimilarity and inappropriateness or poor quality of
design in the exterior appearance of buildings or other structures
erected or altered can adversely affect the desirability of the immediate
and neighboring areas and, by so doing, impair the benefits of occupancy
of existing real property in such areas, impair the stability in value
of both improved and unimproved real property in such areas, prevent
the most appropriate development and use of such areas, produce degeneration
of conditions affecting the health, safety, comfort and general welfare
of the inhabitants thereof and contribute to the diminution of the
taxable value of real property in such areas and their ability to
support municipal services provided therefor. It is the purpose of
architectural review to prevent these and other potentially harmful
effects resulting from such unattractive exterior appearances of buildings
and other structures erected or altered and thus to promote the public
health, safety and welfare, to conserve the value of buildings, to
encourage the most appropriate use of land and to improve the physical
and visual appearance of the village.
In considering and acting upon a site development
plan, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the prospective occupants of the proposed development
and of the immediate neighborhood in particular and may prescribe
such appropriate conditions and safeguards as may be required in order
to further the expressed intent of this chapter and accomplish the
following objectives in particular:
A.
Traffic access. All proposed traffic access will be
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners or other major
access points; and other similar safety considerations.
B.
Circulation and parking. Adequate off-street parking
and loading spaces will be provided to prevent parking of vehicles
on public streets. The interior circulation system will be adequate
to provide safe accessibility to all required off-street parking.
C.
Landscaping and screening. All recreation areas, parking
and service areas will be landscaped and reasonably screened from
the view of adjacent residential lots and streets at all seasons of
the year.
D.
Compatibility. Signs and lights will be compatible
and in scale with building elements and shall not predominate the
overall visual impact of the project. Textures of buildings and paved
areas shall be sufficiently varied to prevent a massive or monolithic
appearance, particularly areas of asphaltic paving for parking.
E.
Environment. The design, layout and operational characteristics
of the proposed use will not represent a significant impact on the
environment or result in a waste of the land and other natural resources
of the village. To the greatest possible extent, development will
be in harmony with the natural environment and adequate compensatory
devices will be prescribed to offset potential significant deterioration
resulting from the project.
F.
Development. The site development plan elements, including
buildings, parking, drainage, circulation, signs and lighting, will
not adversely affect the potential of adjacent properties or the property
under review from its highest and best use.
G.
Public safety and fire access. The site development
plan shall provide for adequate fire truck maneuvering, sufficient
fire hydrants, properly delineated fire lanes and adequate emergency
access.
H.
Reservation of land for park and playground purposes.
(1)
This subsection is expressly intended to supersede
the provisions of Village Law § 7-725-a, Subdivision 6,
to the extent of allowing the Planning Board to require the reservation
of land for park and playground purposes or money in lieu of the same,
at a site plan stage, where said was not provided for at the subdivision
plat stage, as permitted under § 7-728 of Village Law, or
if said project did not require subdivision approval.
[Amended 4-11-1995 by L.L. No. 1-1995]
(2)
In the case of a site plan involving three or more
residential units, the Planning Board may require provisions for park
and playground purposes or, if the property size is unfeasible, to
allow for the payment of money in lieu of land in the amount and manner
called for under subdivision regulations.
(3)
In those instances where the Planning Board has provided
for said park or playground reservations or a money alternative at
the subdivision stage, the same shall not again be required.
I.
Character and appearance. The character and appearance
of proposed buildings, uses and signs shall be in general harmony
with the character and appearance of the surrounding neighborhood
and the Village of Spring Valley and shall not adversely affect the
general welfare of the inhabitants of the Village of Spring Valley.
Such consideration may include, among other things, the scale of proposed
buildings, the color, type, style and texture of building materials
and the relation of buildings on the site to each other and to buildings
on adjacent or neighboring lots.
A.
Prior to application for a building permit, certificate
of occupancy or certificate of use, where required, site development
plan approval shall be secured from the Planning Board. The applicant
has the option of choosing between a formal application for approval
and an informal submission for review. The site development plan rules
and regulations adopted by the Planning Board shall provide detailed
specifications as to application materials. For purposes of an informal
submission, the applicant should provide as much information as he
can, keeping in mind the criteria specified in the site development
plan rules and regulations. The preapplication review by the Planning
Board shall not constitute a formal application, and no approval can
be granted based on it. At this time, the applicant should outline
any modifications he is requesting from the requirements specified
in the site development plan rules and regulations.
B.
Submissions for site development plan review shall
be made on forms prescribed by the Planning Board and accompanied
by a fee in accordance with the Standard Schedule of Fees of the Village
of Spring Valley.[1] Such submission shall be submitted to the Building Inspector
at least three weeks prior to the Planning Board meeting at which
review is sought. The Building Inspector shall determine if the submission
is in proper form and, if so, shall cause it to be referred to such
village department, agencies and consultants as are necessary to evaluate
the proposal and shall cause a consolidated report to be prepared
for the next available Planning Board agenda. In addition, the Building
Inspector shall refer an application to the Rockland County Planning
Board or other county or state agencies if said board or agency has
jurisdiction in the application. Applications not in proper form shall
be rejected by the Building Inspector, in writing, within five days
after submission. A copy of such rejection shall be sent to the Planning
Board and to the applicant.
A.
An applicant, at his discretion, may submit, prior to a formal application for final site development plan approval, an application for preliminary site development plan approval. The applicant shall submit all application materials provided for in the site development plan rules and regulations in as much detail as he feels is warranted to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal. Should variances from the requirements of this chapter be contemplated, their nature and degree should be specified. The application of preliminary approval shall be made and processed in the manner specified in § 255-41B.
B.
The Planning Board will review the proposed plan and
may grant concept approval with such conditions as are necessary to
ensure conformity of said plans with the general and specific criteria
set forth in this chapter and other applicable rules and regulations
of the Village of Spring Valley. The Planning Board shall authorize
the setting of a public hearing for consideration of final site development
plan approval. In the event that a special permit approval application
has been referred by the Village Board, the Planning Board shall simultaneously
consider both applications. In reviewing a site development plan application
which has been granted a special permit by the Village Board, the
Planning Board shall ensure conformity with any special permit requirements.
Notice shall be sent by the applicant five days prior to the date
of such public hearing, to all property owners within 500 feet of
the perimeter of the property.
[Amended 4-11-1995 by L.L. No. 1-1995]
C.
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 222, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria standards in Article II of Chapter 222.
[Added 4-27-2010 by L.L. No. 5-2010]
A.
An application for final site development plan approval
shall be made in the same manner as prescribed for preliminary approval
as specified in the site development plan rules and regulations.
B.
The final site development plan and all supporting
materials shall be subject to review and consultation in the same
manner as the preliminary site development plan. The Planning Board
shall make a determination on the application within 62 days of the
close of the public hearing. In the event that no determination is
made within 62 days and the applicant has not waived the time requirements,
the application shall be deemed approved. The Planning Board shall
include such conditions of approval as were required and, in addition:
[Amended 4-11-1995 by L.L. No. 1-1995]
(1)
The Planning Board shall require that on- or off-site
improvements be installed, including but not limited to on- or off-site-drainage
systems to ensure that all drainage, storm runoff and subsurface waters
are carried into approved watercourses and drainage systems. The Planning
Board shall further require that all such off-site improvements and/or
drainage systems be installed on property granted to the village by
fee, easement or otherwise, as determined by the Planning Board.
(2)
No certificate of occupancy or use shall be issued
for the site until all the improvements shown on the site development
plan, including off-site requirements, stipulated by the site development
plan have been duly installed and all easements and property interests
granted or dedicated to the village.
(3)
A partial certificate of occupancy or use for periods
of 90 days, but not more than one year in the aggregate, for a building,
structure or part thereof, may be issued before all the on-site improvements
are complete, provided, nonetheless, that such portion or portions
of the site improvements as are necessary to permit the site to be
occupied safely without endangering life or the public welfare have
been completed. The Building Inspector shall require a cash deposit
to ensure and guarantee the completion of the on-site improvements.
The Building Inspector shall determine the sum of such cash deposit.
(4)
The site shall be developed in strict conformity to
the approved site development plan except as provided for below. When
the approval of a field change (see definition of "field change")
is requested of the Building Inspector or other appropriate village
inspection agency, such request shall be submitted to the appropriate
inspecting agency, in writing. No field change shall be valid unless
a copy of the requested change is filed with the Planning Board, with
the approval of the appropriate agency noted thereon or appended thereto,
within five days of such approval.
C.
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 222, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria standards in Article II of Chapter 222.
[Added 4-27-2010 by L.L. No. 5-2010]
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval and upon satisfaction of any conditions imposed by such approval, the Chairman or his designated agent of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon in accordance with Article XIII.
An application for an amendment of any approved
site development plan for a site which has received prior final site
development plan approval shall be processed in accordance with the
preceding provisions. However, only those site development plan elements
proposed to be modified or changed need be presented, except where
such modifications or changes have a material and substantial impact
on the balance of the site development plan and functioning of the
site. The applicant and his licensed design professional shall submit
a letter, and a drawing when necessary, indicating the scope of the
proposed change no later than 20 days before a Planning Board meeting
for a determination by the Planning Board as to whether the proposed
amendment shall require a public hearing. Fees for an amended site
development plan approval shall be in accordance with the Standard
Schedule of Fees of the Village of Spring Valley.[1]
[Amended 4-10-2012 by L.L. No. 3-2012]
Planning Board approval of any final site plan shall expire
unless a building permit or certificate of occupancy is applied for
with a period of 18 months from the date of the approval of the final
site plan by the Planning Board, except where the staging of development
over a longer period has been specifically provided for at the time
of site development plan approval. If judicial proceedings to review
the Planning Board's decision shall be initiated, the final site
plan approval will expire 18 months from the date of entry of the
final order in the court proceedings, including all appeals.
A.
General. Pursuant to the provisions of § 255-74A of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials and erosion controls in any project requiring site development plan approval and for the environmental control of such projects.
B.
Landscape requirements and sedimentation controls.
The minimum landscape requirements and erosion and sedimentation controls
for any use requiring site development plan approval are for a general
guide only and may be waived or varied by the Planning Board where,
due to special characteristics of the project site, proposed use,
surrounding area or buildings and structures, such changes are necessary
to ensure compatibility and conformance with other standards or criteria
of this chapter.
C.
State Environmental Quality Review. The provisions
of the State Environmental Quality Review Act (SEQRA)[1] shall be complied with as appropriate. Fees for SEQRA
processing are in addition to other fees required by this chapter,
as set forth in the Standard Schedule of Fees of the Village of Spring
Valley.[2]
D.
Site maintenance. It shall be the duty of every property
owner to maintain his property in conformity with the approved site
development plan. Failure to do so shall constitute a violation of
this chapter.
Any uses requiring site development plan approval by the Planning Board in accordance with § 255-38 and where on- or off-site improvements are required for a single-family or two-family dwelling, a performance bond or other acceptable security sufficient to cover the full cost of such on- or off-site improvements, as estimated by the Building Inspector or the Planning Board, shall be furnished to the village by the applicant. Such performance bond shall be issued by a surety or bonding company approved by the Village Attorney or, if furnished by the applicant, in a form acceptable to the Village Board and shall also be approved by the Village Attorney as to form, sufficiency and manner of execution. Such performance bond shall run for a term not to exceed two years, as fixed by the Building Inspector or by the Planning Board, and shall be forfeited at the end of said term unless extended by consent of the Village Board. Said bond shall be furnished prior to the issuance of any building permit.
The Planning Board shall have the following
powers, duties and limitations with respect to its review of architectural
plans:
A.
Municipal buildings and works of art. The Village
Board shall refer to the Planning Board, for its review and advisory
report, any plans for construction or installation of all municipal
structures and uses and exterior changes thereto and all works of
art or other objects to be used in a decorative manner or for the
purposes of beautification, to be erected upon or over property owned,
leased or otherwise occupied by the village. The Planning Board shall
advise the Village Board with respect to any changes thereto which
will improve the appearance and design of such works of art to the
end that the beauty and the appearance of the village in general will
be improved. The Planning Board shall also consider the proposed location
of such works of art and shall make recommendations with respect to
the proposed location or recommend such other locations as the Board
may deem suitable and appropriate.
B.
Final decisions. As provided for in § 255-38, the Planning Board may approve, conditionally approve, subject to specific conditions, or disapprove any proposed building in conjunction with its review of site development plans.
C.
The Planning Board shall restrict its consideration
of architectural plans to a reasonable and professional review of
the proposal and plans, leaving full responsibility for the design
and development to the applicant. The Board shall not design or assist
in the design of any buildings or structures submitted for approval.
D.
The Planning Board shall not unduly restrict new or
innovative building types, materials or methods; individual initiative
and experimentation are to be encouraged.
E.
In its endeavor to improve the quality of design,
the Planning Board shall consider cost as one factor along with design
in its efforts to achieve the objectives of this chapter.
In examining plans and proposals, the Planning Board shall recommend disapproval of or disapprove any installation or construction which would cause or contribute to one or more of the harmful effects set forth in § 255-39 of this chapter by reason of the following:
A.
Excessive dissimilarity or inappropriateness in relation
to any other structure existing or for which a permit has been issued
or to any other structure included in the same permit application,
facing upon the same or intersecting street and within 500 feet of
the proposed new structure, in respect to one or more of the following
features: cubical content; gross floor area; building area or height
of roof; or other significant design features, such as materials or
style of architectural design.
B.
Excessive similarity to any other structure existing
or for which a permit has been issued or to any other structure included
in the same permit application, facing upon the same or intersecting
street and within 500 feet of the proposed new structure, in respect
to one or more of the following features of exterior design and appearance:
apparently identical front, side or other elevations visible from
a street; substantially identical size and arrangements of either
doors, windows, porticos or other openings or breaks in the elevations
facing the street, including reverse arrangement; or other significant
identical features of design, such as but not limited to material,
roof line, height or other design elements.
